Ford v Baker

[2025] QDC 43

DISTRICT COURT OF QUEENSLAND

CITATION:

Ford v Baker & Another [2025] QDC 43

PARTIES:

GREGORY ALLAN FORD
(Plaintiff)

v
AMANDA RENEE BAKER

(First Defendant)

And

ALLIANZ AUSTRALIA INSURANCE LTD
(Second Defendant)

FILE NO:

DC 326 of 2022

DIVISION:

Civil

PROCEEDING:

Claim

ORIGINATING COURT:

District Court at Southport

DELIVERED ON:

17 April 2025

DELIVERED AT:

HEARING DATE:

Southport

24 and 25 March 2025

JUDGE:

Holliday KC DCJ

ORDER:

1.   Judgment for the plaintiff in the sum of $32,807.96

2.   The parties be heard as to costs

CATCHWORDS:

DAMAGES – MEASURE OF DAMAGES – PERSONAL INJURIES – GENERAL DAMAGES – where the plaintiff suffered physical injuries in a motor vehicle accident – where liability is admitted by the defendants – where damages are assessed under the Civil Liability Act 2003 (Qld) – where there is a dispute as to the consequences of the injuries caused by the accident – where the dominant injury is a Serious ankle injury

DAMAGES – MEASURE OF DAMAGES – PERSONAL INJURIES – WHETHER PAST AND FUTURE CARE MEETS STATUTORY TEST – whether the evidence justified an award of past and future care

LEGISLATION: 

Civil Liability Act 2003 (Qld) ss 59, 61, 62

Civil Liability Regulation 2014 (Qld) part 2, schedule 4

CASES:

Allwood v Wilson & Anor [2011] QSC 180

Boon v Summs of Qld Pty Ltd t/a Big Bill’s Bobcats [2015] QSC 162

Brown v Holzberger [2017] QCA 295

COUNSEL:

The plaintiff appeared on his own behalf

R. Lynch for the Defendants

SOLICITORS:

The plaintiff appeared on his own behalf

McInnes Wilson Lawyers for the Defendants

Introduction

1. The plaintiff sues for damages for personal injury arising from a motor vehicle accident which occurred on 10 October 2020. The plaintiff was the rider of a moped. The first defendant was the driver of a Ford Ranger utility. The plaintiff was travelling in an easterly direction on Nerang Connection Road, Nerang in the State of Queensland. The first defendant was approaching the plaintiff in a westerly direction. The first defendant commenced a right turn into Nerang Street into the path of the plaintiff and collided with the moped. The second defendant is the first defendant’s insurer and conducted this proceeding on her behalf.

2. Liability is admitted. The trial was confined to issues as to the nature and extent of the injuries and the quantum of damages.

3. The plaintiff was self-represented at trial but had previously been represented by Slater and Gordon lawyers. On 28 August 2024 an Amended Statement of Claim was filed by the, by then, self-represented plaintiff. The only amendment to the Statement of Claim was in relation to paragraph 5(a) which specified the nature of the fracture to the plaintiff’s lower limb.

4. It is not in dispute that the plaintiff suffered:

   (a)a fracture to his left lower leg and dislocation to ankle;

   (b)an injury to his right thigh;

   (c)a fracture to his right little finger; and

   (d)as a consequence of his injuries, the plaintiff experienced some pain and suffering and incurred some medical and…